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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.Srishananda
S Thippanna, S/O Singadi ThippannaRamachandrappa, S/O Babanna – Appellant
Versus
S THIPPANNA – Respondent
| Table of Content |
|---|
| 1. background of specific performance claim (Para 3 , 4 , 6) |
| 2. defendants' arguments against ownership and intent (Para 8 , 10 , 11 , 12 , 15 , 16) |
| 3. trial court's rejection of delay condonation (Para 9 , 18 , 19 , 21 , 24) |
| 4. determination of legal grounds for appeal (Para 27 , 39) |
| 5. final dismissal of the appeal (Para 50 , 51) |
JUDGMENT :
V Srishananda, J.
Heard Sri. Sundar Raj, learned counsel for the appellants and Sri. V.B. Siddaramaiah, learned counsel for the respondent.
2. The defendants No.1 and 2 are the appellants in the second appeal challenging the validity of the decree passed in O.S.No.116/2013 and dismissal of R.A.No.60/2018 filed by them on the ground of limitation.
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3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:
Respondents herein filed a suit for specific performance of the agreement to sell dated 02.06.2010 whereunder the plaintiff had agreed to purchase the property bearing assessment No.2199/2204/2199 with a Site No.453 situated at Harihar City, 'K' Division, Vidyanagar B Block, measuring East to West : 50 feet and North to South : 53 Feet which contains 10'x10' tiled shed, bounded on the East by :
The court confirmed the agreement for sale was valid, limiting the ability to challenge the decree based on delay and highlighting insufficient grounds for procedural impropriety.
The court reinforced that the burden of proving 'sufficient cause' for delay lies with the appellant, and mere claims of ignorance are insufficient.
Second appeal lies to High Court if High Court is satisfied that a substantial question of law is involved.
The court's decision was influenced by the lack of good faith, absence of notice, and delay in filing the suit, which disentitled the plaintiff to specific performance.
Specific performance can be granted despite delays if the plaintiff shows readiness and mitigates circumstances affecting performance, indicating that time is not always the essence of the contract.
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